Key Facts

• Amendments proposed by Charles Walker cover clauses 76 through 86 of the Police, Crime, Sentencing and Courts Bill.
• The amendments aim to replace references to 'diversionary' with 'conditional'.
• Fourteen police forces have already adopted a two-tier framework for out-of-court disposals.
• The removal of the simple caution is seen as an effective and non-resource-intensive disposal for police officers.
• The Bar Council expressed concern over the abolition of the simple warning.
• The Government estimate that the change will cost around £109 million over 10 years with additional yearly operational costs of about £15.58 million.
• The impact assessment includes a three-year programme aimed at supporting police forces to access local intervention services for £1.5 million.
• Youth services have been devastated over the last 10-11 years.
• £1.5 million is allocated for a three-year programme across 43 police forces.
• In 2019, approximately 192,000 out-of-court disposals were issued in England and Wales, the lowest number since 1984.
• Under new proposals, more restrictions will apply to issuing out-of-court disposals for certain offences with consent from the Director of Public Prosecutions required.
• Black, Asian and minority ethnic people are less likely to admit guilt due to a lack of trust in the criminal justice system.
• The Victims Commissioner expressed concerns about the obligation to admit guilt for out-of-court disposals.
• Juvenis in Lambeth offers referrals that prevent prosecution if individuals keep safe.
• The Opposition is concerned that calling the upper-tier disposal a 'diversionary caution' may be unnecessarily confusing.
• The number of caution levels is being reduced from six to two.
• Victims have the right to be asked for their views on out-of-court disposals under paragraph 6.7 of the victims' code.
• Conditions attached to cautions aim to address underlying causes such as drug, alcohol, or mental health issues.
• Recent data over the past 15 months has been significantly distorted because of the pandemic's impact on policing and the criminal justice system.
• The diversionary caution is disclosable for three months when a criminal record check is conducted.
• A breach of a community caution condition can lead to a fine that is enforceable in the normal way.
• Community resolutions do not require a formal admission of guilt but only a “take responsibility” requirement.
• Young offenders and BME communities should be educated about how cautions might serve their interests better than formal prosecution.
• The concept of a conditional caution already exists in part 3 of the Criminal Justice Act 2003.
• There would be transitional provisions causing confusion between old and new types of cautions if the term 'conditional' was used.
• Amendments 46 and 48, proposed but not moved by the shadow Minister, will not be addressed immediately.
• Charles Walker asks if any colleagues wish to speak.
• The amendment proposes removing the requirement for community cautions to have conditions attached, making such conditions discretionary.
• The amendment seeks to compel annual reporting by the Secretary of State on out-of-court disposals.
• In 2019, only about 192,000 out-of-court disposals were issued in England and Wales, the lowest since 1984.
• Out-of-court disposals have declined nearly three-quarters from a peak of 670,000 in 2007.
• Clauses 77 to 85 provide details necessary for the introduction of the higher-level caution, known as the diversionary caution.
• Clause 77 specifies criteria and safeguards for issuing a diversionary caution, similar to conditional cautions under the Criminal Justice Act 2003.
• Clause 79 outlines rehabilitation and reparation conditions that may be attached to a diversionary caution.
• Clauses 86 to 93 lay out details of the proposed scheme for community cautions.
• Community cautions must be given by an authorised person to someone over the age of 18 with sufficient evidence and admission of guilt.
• Financial penalties can be imposed if conditions are not met, subject to court proceedings if unpaid.
• Clause 94 introduces a general code of practice for cautions.
• Clause 95 enables restrictions on multiple use of diversionary and community cautions.
• Clause 96 abolishes previous caution regimes but retains community resolutions.
• Amendment 117 aims to remove the spending period for cautions.
• Current upper-tier disposal of a conditional caution has a three-month spending period.
• The amendment revises the text of the Rehabilitation of Offenders Act 1974.
• The debate is nearing 1 o'clock.
• Some Members want to take a break for lunch.